Married, divorced, and remarried in less than 2 years ?

[borreman]

What is the name of your state? Nevada

I am a foreign national and have been married to my US citizen wife for 1 year. Our relationship has gone for the worst, and we are thinking about divorcing. In the meantime, I have met someone else and we are thinking about getting married once I get divorced.

My question is this: Should I wait to go to the final interview (probably by myself next year) and then re-marry as a final permanent resident, or if I divorce and re-marry before the final interview, will I start the whole process from scratch? And in this case, will immigration look at me with a bad eye?

Any advice appreciated.

 

[ImmigAttyLana]

If you have not yet had your initial interview, you will not be approved, if you are no longer married so probably the best course of action would be to withdraw that petition once you are divorced and when you remarry, refile on the basis of your new marriage. Keep in mind that depending on how you originally entered the US, you may not be eligible for AOS on any basis other than marriage to the original spouse, without first departing the US and having someone else sponsor you.
Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[borreman]

I am sorry about the confusion, but I have had my initial interview a little less than a year ago, and I am a conditional permanent resident. The question applied to whether I should file teh I-751 by myself for the final interview, or if I re-marry before, will it start the whole process from scratch.

Thanks for your input.

 

[ImmigAttyLana]

Oh, if you are already a conditional permanent resident then, yes, after you are legally divorced, you can file the I-751 on your own, seeking a waiver of the joint filing and if you can adequately prove that your marriage was bona fide from the time it was entered into and through its termination through supporting documentation, you have a chance of getting the conditions removed and getting the permanent card.

If it is denied, then you can always reapply through your new spouse.